PART 1U.K.Introduction

Title, commencement and extentE+W+S

1.—(1) These Regulations may be cited as the Wine Regulations 2011.

(2) They come into force on 30th December 2011.

(3) In regulation 19, an amendment of an enactment has the same extent as that enactment F1...

[F2(4) All the other provisions extend to Great Britain.]

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Title, commencement and extentN.I.

1.—(1) These Regulations may be cited as the Wine Regulations 2011.

(2) They come into force on 30th December 2011.

(3) In regulation 19, an amendment of an enactment has the same extent as that enactment F1...

[F32(4) All the other provisions extend to Northern Ireland.]

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

InterpretationE+W+S

2.—(1) In these Regulations—

(a)references to [F3any of the Regulations listed in the definition of “the retained EU Regulations” in paragraph (2)] are references to those instruments as amended from time to time;

(b)terms used in the [F4retained EU Regulations] have the same meaning as in those Regulations.

(2) In these Regulations—

[F5“the 1416/2006 prohibition” has the meaning given in regulation 6A(1);]

[F6“the Agency” means—

(a)

in relation to England [F7and Wales], the Food Standards Agency; or

(b)

in relation to Scotland, Food Standards Scotland,]

“authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,

[F8premises” includes any land or vehicle;]

[F9“the [F4retained EU Regulations]” means—

(a)

F10...

(b)

the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation (EU) 2013”),

(c)

Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,

(d)

Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products(1),

(e)

Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information(2) (“Commission Regulation (EU) 2018/273”),

(f)

Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks(3) (“Commission Implementing Regulation (EU) 2018/274”),

(g)

Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation(4),

(h)

Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;

(i)

[F11Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files;

(j)

Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength;]]

F12... and

“wine sector product” means a product mentioned in [F13Part II of Annex VII to Regulation (EU) 2013].

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F6Words in reg. 2(2) inserted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 3(2)

F9Words in reg. 2(2) substituted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 3(3)

F10Words in reg. 2(2) omitted (16.7.2020) by virtue of The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(a)

F11Words in reg. 2(2) inserted (16.7.2020) by The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(b)

InterpretationN.I.

2.—(1) In these Regulations—

(a)references to EU instruments are references to those instruments as amended from time to time;

(b)terms used in the European Regulations have the same meaning as in those Regulations.

(2) In these Regulations—

[F33“the 1416/2006 prohibition” has the meaning given in regulation 6A(1);]

[F34“the Agency” means the Food Standards Agency;]

“authorised officer” means a person appointed by an enforcement authority for the purposes of these Regulations,

[F35“the European Regulations” means—

(a)

F36...

(b)

the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation (EU) 2013”),

(c)

Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products,

(d)

Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products,

(e)

Commission Delegated Regulation (EU) 2018/273 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information (“Commission Regulation (EU) 2018/273”),

(f)

Commission Implementing Regulation (EU) 2018/274 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks (“Commission Implementing Regulation (EU) 2018/274”),

(g)

Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation,

(h)

Commission Implementing Regulation (EU) 2019/34 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks;

(i)

[F37Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards wine-growing areas where the alcoholic strength may be increased, authorised oenological practices and restrictions applicable to the production and conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and publication of OIV files;

(j)

Commission Implementing Regulation (EU) 2019/935 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards analysis methods for determining the physical, chemical and organoleptic characteristics of grapevine products and notifications of Member States decisions concerning increases in natural alcoholic strength;]]

“premises” includes any land or vehicle; and

“wine sector product” means a product mentioned in [F38Part II of Annex VII to Regulation (EU) 2013].

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F35Words in reg. 2(2) substituted (28.3.2019) by The Wine (Amendment) Regulations 2019 (S.I. 2019/524), regs. 1, 3(3)

F36Words in reg. 2(2) omitted (16.7.2020) by virtue of The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(a)

F37Words in reg. 2(2) inserted (16.7.2020) by The Wine (Amendment) Regulations 2020 (S.I. 2020/639), regs. 1, 2(b)

Official functions and enforcementE+W+S

3.—[F14(1) The local authority enforces the retained EU Regulations and the 1416/2006 prohibition in relation to retail sale.]

(2) The Secretary of State, general customs officials and the F15... Agency enforce them in relation to import and export.

(3) In relation to Scotland, the reference in paragraph (2) to “The Secretary of State” is to be read as a reference to “The Scottish Ministers”.

F16(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Otherwise the F17... Agency or the Secretary of State enforce these Regulations and the [F4retained EU Regulations].

(6) In relation to Scotland, the reference in paragraph (5) to “the Secretary of State” is to be read as a reference to “the Scottish Ministers”.

(7) Each of these is referred to as “an enforcement authority”.

F18(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(8A) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.]

(9) Nothing in these Regulations authorises an enforcement authority to bring proceedings in Scotland for an offence.

[F20(10) In this regulation—

(a)“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

(b)“local authority” means an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990.]

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Official functions and enforcementN.I.

3.—[F39(1) The local authority enforces the European Regulations and the 1416/2006 prohibition in relation to retail sale.]

(2) The [F40Department of Agriculture, Environment and Rural Affairs], general customs officials and the F41... Agency enforce them in relation to import and export.

F42(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Otherwise the F44... Agency or the Secretary of State enforce these Regulations and the European Regulations.

F45(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Each of these is referred to as “an enforcement authority”.

F46(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F48(10) In this regulation—

(a)“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

(b)“local authority” means a district council within the meaning of the Interpretation Act (Northern Ireland) 1954.]

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

The competent authorityE+W+S

4.—(1) [F21In respect of Great Britain,] the Secretary of State is the competent authority for F22... the [F4retained EU Regulations] [F23and the 1416/2006 prohibition].

(2) But—

(a)the F24... Agency is the competent authority for the purposes of—

(i)the reception of any information or declarations that must be submitted to the competent authority F25... under the [F4retained EU Regulations],

(ii)[F26Article 146(1) of Regulation (EU) 2013], F27...

[F28(iii)Article 12 of Commission Implementing Regulation (EU) 2018/274; and]

[F29(iv)Article 19 of Commission Regulation (EU) 2018/273.]

F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to Scotland——

(a)the reference in paragraph (1) to “The Secretary of State” is to be read, in relation to the competent authority, as a reference to “The Scottish Ministers”; and

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

The competent authorityN.I.

4.—(1) [F49In respect of Northern Ireland,] the Secretary of State is the competent authority for, and acts [F50as if a] Member State for, the European Regulations [F51and the 1416/2006 prohibition].

(2) But—

(a)the F52... Agency is the competent authority for the purposes of—

(i)the reception of any information or declarations that must be submitted to the competent authority or Member State under the European Regulations,

(ii)[F53Article 146(1) of Regulation (EU) 2013], F54...

[F55(iii)Article 12 of Commission Implementing Regulation (EU) 2018/274; and]

[F56(iv)Article 19 of Commission Regulation (EU) 2018/273.]

(b)the Commissioners for Her Majesty’s Revenue and Customs are the competent authority for the purposes of [F57Article 19 of Commission Implementing Regulation (EU) 2018/274].

F58(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

(1)

OJ No L 170, 30.6.2008, p1, as last amended by Commission Regulation (EU) No 772/2010 (OJ No L 232, 2.9.2010, p1).

(2)

OJ No L 128, 27.5.2009, p15, as last amended by Commission Regulation (EU) No 173/2011 (OJ No L 49, 24.2.2011, p16).

(3)

OJ No L 193, 24.7.2009, p1, as last amended by Commission Regulation (EU) No 53/2011 (OJ No L 19, 22.1.2011, p1).

(4)

OJ No L 193, 24.7.2009, p. 60, as last amended by Commission Implementing Regulation (EU) No 670/2011 (OJ No L 183, 13.7.2011, p6).